Endangered Species - Permitting Process - Maryland

...Federal permits, permits from other states

(e) Any endangered species of wildlife or plant which enters the State from another state or from a point outside the territorial limits of the United States and which is transported to a point within or beyond the State may enter and be transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

Actions for scientific purposes or to enhance propagation or survival

(f) The Secretary may permit, under the terms and conditions he prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes or to enhance the propagation or survival of the affected species.

Citation: MD Code, Natural Resources, § 10-2A-05.

Permit to authorize taking

(a) The Secretary shall issue a permit to an applicant that authorizes an incidental taking of the endangered Puritan Tiger Beetle if:

(1) The applicant submits a conservation plan to the Department that specifies:

(i) The impact that will likely result from the incidental taking;

(ii) The steps that the applicant will take to minimize and mitigate the impact, and the funding that will be available to implement the steps; 

(iii) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

(iv) Any other measures that the Secretary requires as being reasonably necessary or appropriate for the purposes of the plan; and

(2) The Secretary finds that:

(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Puritan Tiger Beetle in the wild; 

(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking; 

(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

(iv) The applicant has obtained the required federal authorization for the incidental taking of the Puritan Tiger Beetle.

Regulations

(b) The Secretary shall adopt regulations to implement and enforce this section.

Citation: MD Code, Natural Resources, § 10-2A-05.1.

Permit to authorize taking

(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel if:

(1) The applicant submits a conservation plan to the Department that specifies:

(i) The impact that will likely result from the incidental taking; 

(ii) The steps that the applicant will take to minimize and mitigate the impact; 

(iii) The funding that will be available to implement the steps; 

(iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

(v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and

(2) The Secretary finds that:

(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Delmarva fox squirrel in the wild; 

(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking; 

(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

(iv) The applicant has obtained the required federal authorization for the incidental taking of the Delmarva fox squirrel.

Regulations

(b) The Secretary may adopt regulations to implement and enforce this section.

Citation: MD Code, Natural Resources, § 10-2A-05.2.

...Federal permits, permits from other states

(e) If any endangered species of fish which enters the State from another state or from a point outside the territorial limits of the United States and which is being transported to a point within or beyond the State may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

Issuance of permit

(f)

(1) Subject to paragraph (2) of this subsection, the Secretary may issue a permit, under the terms and conditions he prescribes, to allow any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes, to enhance the propagation or survival of the affected species, and on or after January 1, 1990, for aquaculture involving the affected species in nontidal ponds, lakes, or impoundments.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, on or after June 1, 1989, the Secretary may issue a permit to allow the purchase of striped bass or striped bass hybrid from out-of-state sources for possession and raising in aquaculture operations in nontidal ponds, lakes, or impoundments in the State.

Citation: MD Code, Natural Resources, § 4-2A-05.